Marshall v Marshall
Motion No: 2009-00406
Slip Opinion No: 2011 NY Slip Op 83386(U)
Decided on September 13, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M125629

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2009-00406

Michael Marshall, respondent,

v Ruth Marshall, appellant.

(Index No. 23289/05)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on application dated September 6, 2011, in the above-entitled case which, inter alia, granted an application to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated September 16, 2008, is recalled and vacated, and the appeal is reinstated.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court